Changes that were not ratified are in our contract

[steward]

What is the name of your state (only U.S. law)? Nevada
I just found out that after the membership ratified changes to our contract,(after negotiations) that at least 2 other changes were made that the membership was not notified of.I am at a loss as to how this could be. One change supposedly was slipped into the contract that was sent back from the employer when they signed the contract, the other change was made by our attorney supposedly without the approval of the unions officers. What actions do you suggest be taken , if any, by the membership to make this right?

 

[justalayman]

Did you open an existing contract or was this a new contract?

what has your leadership said about it?

Does your contract have to go to any other body to be approved?

and can you explain what happened a bit better? Does your union disperse copies of the contract for the members to read prior to ratification? If so, were those changes in the version ratified?

 

[steward]

The negotiations were for an existing contract that had come to the end of its term. Negotiations were over and a letter detailing the only changes to the agreement was presented to the bargaining unit to be approved. We became aware that at least two other changes were made after ratification. One change was possibly made by the attorney on the unions side the other change by managements attorney. These changes were not ratified by the bargaining unit but the contract was signed by both parties. It is not known at this time whether or not the officers of the union or the management representatives were aware or approved of the changes to the language that were made after ratification.

 

[OHRoadwarrior]

Sounds like "Letters of Understanding". They can take an innocent looking change and bend you over with it. When the discussion prior to ratification took place, you should have asked for clarification of changes.

 

[steward]

Actually the changes were to the body of the agreement and not "Letters of understanding". They were not agreed to at the table nor were they presented to the bargaining unit. They just were put into the contract between ratification and the signatures were obtained.

 

[OHRoadwarrior]

Bring it to the attention of your BA and local president. See what they say about it. Make sure you do it in a timely manner, to protect any remedies available. Remember they may be with the company against you on this.

 

[steward]

The officers of the union claim that the attorney added the language.

 

[justalayman]

If they were not in the contract the body ratified, they are not part of the contract the body has agreed to abide by. Now, there are situations where clarifications are inserted that might be allowable but if they are a substantial change or even if the clarification causes the concerned topic to be seen differently than had been explained and understood to and by the body, it would be contestable as being an alteration.

Your union leaders either need to explain why they are legitimately allowed to be inserted or they need to take action to rectify the situation. Anything less is getting mighty close to violating their fiduciary duties and even failure to represent. Both are very serious charges.